A defendant may challenge venue by writing to the court. The defendant is not required to personally appear at the hearing on the venue challenge. If the court denies the challenge and the defendant is not present, the hearing must be continued to another appropriate date. The parties must be given notice of the venue determination and hearing date.
Rule 3.2106.Venue challenge
Division 21. Rules for Small Claims Actions · Chapter 1. Trial Rules · Last amended 2007 · Last verified July 29, 2026
In one sentenceRule 3.2106 lets a small claims defendant challenge venue by letter without appearing at the hearing, requires the court to continue the hearing if it denies the challenge while the defendant is absent, and requires notice to both parties of the ruling and any new hearing date.
Full Text of Rule 3.2106
Plain-English Summary
Small claims defendants are often unrepresented and may live far from the court where they were sued. Rule 3.2106 accommodates that by letting a defendant contest venue — whether the case was filed in the right location — by writing to the court, without having to show up for the hearing on the challenge in person.
That flexibility comes with a safeguard for the defendant. If the court denies the venue challenge while the defendant is not present, it cannot go straight to trial that same day. The hearing on the underlying claim has to be continued to a later date, giving the defendant a fair chance to prepare and appear now that venue has been settled. Both parties must then receive notice of how the court ruled on venue and when the continued hearing will take place.
Frequently Asked Questions
Does a small claims defendant have to appear in person to challenge venue?
No. Rule 3.2106 lets the defendant challenge venue by writing to the court instead of appearing personally at the hearing on the challenge.
What happens if the court denies a venue challenge and the defendant is not there?
Rule 3.2106 requires the court to continue the hearing to another appropriate date rather than proceed without the defendant present.
Do the parties get notice of a small claims venue ruling?
Yes. Rule 3.2106 requires notice to the parties of both the venue determination and the date of the hearing.
Amendment History
Rule 3.2106 amended and renumbered effective January 1, 2007; adopted as rule 1704 effective July 1, 1991.
Source & verification. Rule text is reproduced verbatim from
the Judicial Council of California. Adopted by the Judicial Council of California.
Last verified July 29, 2026.
· Official source
Also known as: challenge venue small claims by lettersmall claims venue challenge without appearingCCP 116.370 venue small claims